Regulations of the online store:
- Contact details
- Definitions
- General provisions
- Order
- Prices
- Payment methods
- Shipping of goods
- Complaints and withdrawal from the contract
- Right to withdraw from the contract (return of goods)
- Warranty
- Electronic services and technical conditions for using the website www.secretm.eu
- Processing and protection of personal data, cookies
- Provisions regarding entrepreneurs as consumers
- Final provisions
The regulations define the rules for providing sales services through the online store operating under the domain:www.secretm.eu
It is a document required under Article 13 of the Act of May 30, 2014, on the rightsCONSUMER(Journal of Laws 2014, item 827)
SELLERof products offered on the store platform and simultaneously
ADMINISTRATORof the online store is the company:Yellow Art Sp. z o.o.Address:ul. Księcia Witolda 49/15, 50-202 WrocławCorrespondence and shipment address:ul. Księcia Witolda 49/15, 50-202 Wrocław;e-mail:kontakt@secretm.eu
NIP: 898 231 9031; REGON: 541367500
BUYERhas the right to negotiate any provisions of the agreement with the Seller before placing an order, including changes to the provisions of the regulations below - within the limits permitted by law. These negotiations require written form for their validity. If the BUYER resigns from the possibility of concluding the agreement through individual negotiations, the following regulations apply.
A. Definitions.
- ONLINE STORE -means that the sales or service agreement is concluded electronically and if the party to the agreement is a CONSUMER, it takes place under the conditions described in the Act of May 30, 2014, on the rights of the CONSUMER (Journal of Laws 2014, item 827).
- CLIENTis a natural person, as well as a legal person and an organizational unit that is not a legal person, which special provisions grant legal capacity, and which makes or intends to conclude an agreement or uses other services offered through the ONLINE STORE.
- CONSUMER- CLIENT, a natural person making a legal transaction with the SELLER not related directly to their business activity - precise definition - Civil Code Art.22.
- PRODUCT- a thing offered for sale or a service offered in the ONLINE STORE.
- REGULATIONS- these Regulations of the ONLINE STORE.
- SALES AGREEMENT- the agreement for the sale of the PRODUCT concluded at a distance via the ONLINE STORE.
- ORDER- a statement made electronically or by phone expressing the intention to conclude an agreement (order a product or service).
- NEWSLETTER- a service provided electronically by the SELLER, consisting of sending interested parties commercial and advertising information to the email address provided by the interested party.
B. General provisions.
- Scope of activity - mail order sale using the website of air conditioners and auxiliary devices and materials.
- The SELLER adheres to the Code of Good Practice in the understanding of the Act of August 23, 2007 on counteracting unfair market practices (content available at the addresswww.uokik.gov.pl/download.php?id=546)
- CLIENT - is obliged to enter data into the system that is consistent with the actual state, in accordance with the law and good customs. The provided data may not violate personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document - receipt or invoice for each transaction of selling a product.
- Commercial information - price lists, descriptions, advertisements, and other information about Products on the SELLER's WWW site constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
C. Order.
- The ONLINE STORE processes orders with shipping to Poland.
- Before placing an order, the CLIENT must familiarize themselves with these REGULATIONS. The fact of familiarization and acceptance of all provisions of these regulations is explicitly confirmed during registration in the system and before the final confirmation of the order. The order form will not be accepted without such confirmation.
- Orders can be placed electronically 24 hours a day, 7 days a week.
- Phone orders can be placed at the phone number provided in the CONTACT tab. In the case of a distance contract concluded by phone, the SELLER confirms the content of the proposed contract by sending it to the CLIENT in a durable form, either on paper or another permanent medium. The CONSUMER must submit a declaration of acceptance of the terms and conclusion of the contract for the contract to be valid - this declaration is effective if it has been recorded on paper or another durable medium after receiving confirmation from the SELLER.
- The order fulfillment (preparation and shipment of PRODUCTS) by the SELLER occurs:
- a) after confirming the order - if cash on delivery was chosen;
- b) after receiving payment to the account - if prepayment was chosen.
- c) for card payments - from the moment of obtaining positive authorization.
- The order fulfillment time for products in stock is no longer than 3 working days, counting from the date established as in the previous point. In most cases, we fulfill orders within 24 hours. For products offered on request, the time will be specified when placing the order.
D. Prices.
- The prices of products listed in the store's offer are in Polish currency and are gross prices (including legally required taxes, including VAT).
- The listed product prices do not include delivery costs.
- The binding price for the CLIENT is the price current at the time of placing the order.
E. Payment methods:
- cash on delivery - upon receipt of the shipped products;
- prepayment - by bank transfer to the account provided in the SELLER's details or sent in the order confirmation;
- cash or card payment upon personal collection - ordered products must be collected within 10 days from the order date at the company's headquarters;
- online payment systemprzelewy24.pl- operated by PayPro S.A. (part of the DialCom24 Sp. z o.o. Group), ul. Kanclerska 15, 60-327 Poznań, tel. (61)847-52-64, fax: (61)847-08-38, WWW:www.przelewy24.pl, e-mail: serwis@przelewy24.pl. PayPro SA is registered in the National Payment Institution under the register of national payment institutions maintained by the Financial Supervision Authority under the entity number in UKNF IP24/2014. The payment system processes payments by payment cards - Visa, Visa Electron, MasterCard, MasterCard Electronic, and Maestro.
- In the case of choosing prepayment by transfer, the CLIENT is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Parties to the Sales Agreement decide otherwise.
- The SELLER has the right to limit the available payment methods, including requiring full or partial prepayment.
F. Shipment of goods.
- The CLIENT bears the delivery costs unless the product offer description states otherwise.
- During the completion of the interactive order form, the CLIENT is informed about the costs and selects the method and accepts the shipping cost when placing the ORDER.
- Purchased products are shipped via postal services or courier companies.
- If the client chose the shipping option with the "cash on delivery" payment option - the client is obliged to collect the shipment containing the ordered products. If the client - for any reason - does not collect the shipment, the SELLER has the right to withdraw from the contract upon receiving the returned uncollected shipment.
- Digital products (courses, educational materials, work-supporting tools) are made available to the ORDERER immediately after payment of the order in the form of a download link for the product.
G. Complaints and withdrawal from the contract (returns) in relations with CLIENTS who are not CONSUMERS (applies to entrepreneurs).
- This point of the Regulations applies only in relations with BUYERS who are not CONSUMERS.
- The Seller, under Article 558 §1 of the Civil Code, excludes liability under warranty.
- The CLIENT has the right to choose the method of delivery - including sending their own carrier to collect the PRODUCT on their behalf.
- If the sold item is to be shipped by the SELLER, it is considered that the release has occurred at the moment when the SELLER entrusted it to a carrier engaged in the transport of such goods for delivery to the destination.
- Upon release of the sold item, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item pass to the CLIENT.
- Upon receipt of the shipment with ordered products, the CLIENT who is not a CONSUMER is obliged to inspect the shipment in a timely manner and in a way accepted for such shipments. If it is found that there has been a loss or damage to the Product during transport, the CLIENT is obliged to take all necessary actions to establish the carrier's liability. If the CLIENT does not inspect the item and does not promptly notify the seller of the noticed defect, and in the case where the defect becomes apparent only later - if they do not notify the seller immediately after its detection - the rights under the warranty are lost.
- The CLIENT may return the purchased PRODUCT only with the consent of the SELLER, at the CLIENT's expense, if the PRODUCT is unused and in its factory-sealed packaging.
- The SELLER informs that in the case of PRODUCTS also covered by a warranty, the rights of the buyer and the obligations of the guarantor in this respect are specified and must be performed in accordance with the conditions set out in the WARRANTY CARD. The granted WARRANTY on the sold PRODUCT is an additional right and does not exclude, limit, or suspend the rights of the buyer arising from the provisions on warranty for defects in the sold item.
- The SELLER does not accept any shipments sent cash on delivery.
- Any disputes arising between the Seller/Service Provider and the CLIENT who is not a CONSUMER shall be submitted to the court competent due to the registered office of the SELLER.
- Regulations concerning the principles of warranty for defects and quality guarantee - not mentioned above - in contracts with entrepreneurs are accepted in the wording adopted in the civil code articles 556-581.
H. The right to withdraw from the contract (RETURN OF GOODS) in the case of distance selling involving a CONSUMER.
- According to Article 27 of the Consumer Rights Act (Journal of Laws 2014, item 827), a CONSUMER entering into a "distance contract" has the right to withdraw from the contract without giving a reason - within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of multiple items delivered separately, in batches, or in parts, the term begins from the date of taking possession of the last item, batch, or part; if the contract involves regular delivery of Products for a specified period - from taking possession of the first of the Products; or in the case of services or contracts of a different nature - 14 days from the date of concluding the contract; however, if the BUYER is a CONSUMER, the delivery of the sold item to the buyer is considered to be its handover by the SELLER to the carrier, when the SELLER had no influence on the choice of the carrier by the buyer. In the case of withdrawal from the contract, the CONSUMER is entitled to a refund of the costs incurred. If at the time of concluding the contract the CONSUMER chose a method of delivery other than the cheapest usual method offered by the SELLER - the SELLER is not obliged to reimburse the CONSUMER for the additional costs incurred exceeding the cheapest method. A condition for maintaining the deadline is submitting a statement of withdrawal from the contract to the SELLER during this time. It is also important to send the statement electronically - a ready-made form can be used (Statement of withdrawal from the contract.doc.). In the case of submitting a statement in electronic form, the SELLER will promptly send the CONSUMER a confirmation of receipt of the statement of withdrawal from the contract on a durable medium.
- After sending the statement, the CONSUMER is obliged to return the product to the correspondence address provided in the SELLER's data within 14 calendar days (counted from the date of sending the statement of withdrawal from the contract) - unless the SELLER proposed to collect the PRODUCT themselves. The date of sending the shipment determines compliance with the deadline.
- The CONSUMER is responsible for the decrease in the value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics, and functioning of the item.
- The SELLER will refund the payments made by them within 14 calendar days, including the delivery costs of the item from the SELLER to the CONSUMER. However, the SELLER may withhold the refund until the returned item is received or until the CONSUMER provides proof of its return - depending on which event occurs first. The SELLER will refund the payment using the same method of payment that the CONSUMER used, unless the CONSUMER explicitly agrees to a different method of refund that does not incur any additional costs for them. In the case where the payment was made by credit card, the SELLER will refund to the bank account assigned to the buyer's credit card.
- The direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CLIENT).
- The right to withdraw from a distance contract does not apply to the CONSUMER in the cases listed in the appendix.
- THE SELLER does not accept parcels sent "cash on delivery". The return shipment should be properly secured against damage during transport.
I. Liability under warranty and guarantee in sales involving a CONSUMER.
- THE SELLER is obliged to deliver the PRODUCT that is the subject of the agreement - free from defects.
- THE SELLER is liable under warranty for physical defects that existed at the moment the risk passed to the buyer or arose from a cause inherent in the sold item at that same moment - for a period of 2 years.
- THE SELLER informs that in the case of PRODUCTS also covered by a guarantee, the buyer's rights and the guarantor's obligations in this regard are specified and should be performed in accordance with the conditions set out in the WARRANTY CARD. The granted WARRANTY on the sold PRODUCT is an additional right and does not exclude, limit, or suspend the rights of the CONSUMER under the SELLER's liability under the provisions of warranty for defects in the sold item (art. 577 of the Civil Code).
- THE SELLER is exempt from liability under warranty if the CONSUMER was aware of the defect at the time of concluding the contract.
- In the event of a defect or non-compliance of the delivered PRODUCT with the contract, the CONSUMER has the right to file a complaint.
- To report a complaint, it is recommended that the CONSUMER fill out a complaint protocol (ComplaintForm.doc), or describe the grounds for the complaint and demands regarding the removal of defects in another form and send the notification electronically (email) or by mail to the SELLER's correspondence address provided in the header. Notifications can also be made by phone or orally.
- A defective PRODUCT - in agreement with the SELLER - if possible and reasonable - the CONSUMER exercising rights under warranty will be obliged at the SELLER's expense to deliver the item to the location specified in the sales agreement, and if such a location was not specified in the agreement - to the place where the item was handed over to the CONSUMER. If due to the type of item or the way it is installed, delivery by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to make the item available to the SELLER at the location where the item is located.
- If the sold item has a defect, the CUSTOMER may submit a statement requesting a reduction in price or withdrawal from the contract, unless the SELLER promptly and without excessive inconvenience to the buyer replaces the defective item with one free of defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER or the SELLER has not fulfilled the obligation to replace the item with one free of defects or to remove the defect.
- If the BUYER is a CONSUMER, they may instead of the defect removal proposed by the seller request the replacement of the item with one free of defects or instead of replacing the item request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. In assessing the excessive costs, the value of the item free of defects, the type and significance of the identified defect, as well as the inconveniences that another method of satisfaction would expose the buyer to, are taken into account.
- The reduced price should remain in proportion to the price resulting from the contract, in which the value of the defective item remains to the value of the item without defects.
- The BUYER may not withdraw from the contract if the defect is insignificant.
- THE SELLER will consider the complaint without unnecessary delay. No later than within 14 calendar days from the date of receipt of the complaint notification and will inform the CONSUMER in writing or electronically during this time about the status of the complaint processing. Leaving the complaint unanswered during this time is equivalent to accepting the complaint.
- After accepting the complaint, the SELLER will reimburse the CONSUMER for the costs associated with the complaint incurred by the CONSUMER. The SELLER will transfer the due amount to the CONSUMER's bank account or by postal order.
- If the acceptance of the complaint is related to the repair or replacement of the goods - the SELLER will send the product back to the CONSUMER at their own expense.
J. Electronic services and technical conditions for using the website www.secretm.eu
- THE SELLER - in order to enable the conclusion of the contract provides through the WWW site of the online store services:
- creation and administration of the CUSTOMER's account in the online store;
- processing the order form for products in the online store;
- with the CUSTOMER's consent - sending commercial information, promotional offers, etc. in the form of a "newsletter" service.
- Providing electronic services in the above-mentioned scope is free of charge.
- The agreement for the provision of electronic services consisting of managing and administering the CLIENT's Account on the WEBSITE is concluded for an indefinite period. The moment of conclusion is considered to be the completion of the CLIENT's registration process on the WEBSITE.
- The agreement for the provision of electronic services consisting of enabling the submission of an Order in the Online Store by filling out the order form is concluded for a definite period - for the duration of filling and processing the order - and is terminated upon submission and acceptance of the Order.
- The "newsletter" service is concluded for an indefinite period. The agreement is concluded at the moment of consent to send messages to the CLIENT's address provided during registration.
- The CONSUMER may withdraw from the agreement for the provision of services without stating reasons within 14 days from the conclusion of the agreement - except when the provision of the service begins before the expiration of this period with the CONSUMER's consent - by submitting a statement of withdrawal from the agreement to the entrepreneur:
- using the electronic template for the withdrawal form (Annex to the REGULATIONS),
- by submitting a statement on the website,
- in the form of an email or in writing to the address of the SELLER's (SERVICE PROVIDER's) headquarters.
- In the case of a service concluded for an indefinite period, both parties have the right to terminate the agreement:
- The CONSUMER may terminate the agreement for the provision of electronic services at any time by submitting an appropriate statement in electronic or written form to the SELLER. The SELLER will promptly confirm receipt of the statement. The SELLER will, within 7 days of receiving the termination, remove from the data the records covered by personal data protection related to the service and cease its provision.
- The SELLER may terminate the agreement for the provision of electronic services if the CONSUMER objectively and unlawfully grossly violates the Regulations - with a notice period of 30 days from the date of submitting the termination. If both parties to the agreement are entrepreneurs, the SELLER may terminate the agreement for the provision of Electronic Services with immediate effect in such a situation.
- The SELLER and CLIENT may terminate the agreement for the provision of electronic services at any time by mutual agreement.
- Complaints will be considered promptly, no later than within 14 days. Failure to consider the complaint within this period means acceptance of the complaint.
- To cooperate with the SERVICE PROVIDER's IT system on the CLIENT's side, access to a computer or another device that allows communication with the STORE's website via the Internet is necessary. In the case of a computer, the system should be equipped with a web browser (for example: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, or others with similar parameters). The recommended monitor resolution is no less than: 1024x768. Mobile devices must be equipped with software - provided by the device manufacturer - that allows performing equivalent operations to the aforementioned computer browsers. Additionally, it is necessary to have an active email account. To fully utilize all functions of the ONLINE STORE, it is necessary to enable JavaScript and cookies support. The use of scripts and cookies is discussed in the PRIVACY POLICY located in the tab on the ONLINE STORE's website.
K. Processing and protection of personal data, cookies
In accordance with Article 13(1) and (2) of the GDPR (i.e., the Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of May 10, 2018, on the protection of personal data, I inform you that:
- The administrator of personal data is the SELLER. The Administrator independently performs the tasks of the Data Protection Officer. You can contact the Administrator using the following data: email: kontakt@secretm.eu or in writing to the Administrator's address.
- The personal data of the Client provided in the forms located in the Store will be processed based on the agreement concluded between the Client and the Administrator, which is concluded as a result of acceptance of these Regulations, based on Article 6(1)(b) of the GDPR (necessity for the conclusion and/or performance of the agreement). This is necessary for the performance of this agreement (fulfillment of the Product order and setting up the Account) and then maintaining the Client's Account and providing Client service related to the concluded agreement.
- The Client's personal data may also be processed for the following purposes and on the following legal bases:
- issuing invoices and fulfilling other obligations arising from tax law regulations — based on Article 6(1)(c) of the GDPR (obligation arising from legal provisions);
- executing payment transactions through an electronic payment operator – based on Article 6(1)(b) of the GDPR (necessity for the conclusion and/or performance of a contract);
- handling complaints or claims — based on Article 6(1)(b) of the GDPR (necessity for the conclusion and/or performance of a contract);
- establishing, pursuing, or defending against claims — based on Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
- telephone contact regarding service execution — based on Article 6(1)(b) of the GDPR (necessity for the conclusion and/or performance of a contract);
- storing unpaid orders — based on Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
- creating registers and records related to the GDPR — based on Article 6(1)(c) of the GDPR (obligation arising from legal provisions) and Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
- archival and evidential purposes, to secure information that may serve to demonstrate facts — based on Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
- To fulfill the contract service, the following CONSUMER data must be provided:
- last name and first name,
- shipping address,
- email address,
- contact phone number,
- in the case of a company, additionally the Company name and NIP.
- using cookies on the website and subpages of the Store — based on Article 6(1)(a) of the GDPR (consent);
- for direct marketing directed to the Customer – based on Article 6(1)(f) of the GDPR (legitimate interest of the administrator).
- Providing personal data is voluntary but necessary for the purposes related to the execution of the contract and the realization of the legitimate interests of the Administrator. Failure to provide them will result in the impossibility of concluding and executing the Agreement.
- Customer personal data will be processed for the duration of the contract, as well as for the period of securing potential claims in accordance with generally applicable legal provisions. They will then be deleted unless the Customer decides to continue using the Administrator's services and retains them on another basis and for the indicated purpose.
- Customer personal data will be shared with other data recipients, such as service providers for IT system maintenance and hosting, email service providers, mailing (newsletter) service providers, or payment system providers, subcontractors, and contractors involved in the operations of the online store, etc.
- Due to the fact that the Administrator uses external providers of various services, e.g., Facebook and its subsidiaries, Google, Microsoft, etc., Customer data may be transferred to the United States of America (USA) due to their storage on American servers (in whole or in part). Google and Facebook employ compliance mechanisms provided by the GDPR (e.g., certifications) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and security of data, including through:
- cooperation with entities processing personal data in countries for which a relevant decision has been issued by the European Commission,
- using standard contractual clauses issued by the European Commission (as is the case, for example, with Google),
- using binding corporate rules approved by the relevant supervisory authority, or those for which the Customer has given consent for the transfer of personal data.
- The Customer has the right to access the content of their data, to correct, rectify, delete, or restrict processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint with the supervisory authority — the President of the Personal Data Protection Office, if they believe that the processing of their data is not in accordance with currently applicable legal provisions on data protection. They also have the right to be forgotten if further processing is not provided for by currently applicable legal provisions.
- The Customer also has the right to withdraw consent at any time if they provided their personal data based on consent. Withdrawal of consent does not affect the processing of data that was carried out based on consent before its withdrawal.
- Customer data will not be processed in an automated manner, including profiling within the meaning of the GDPR, which means that the Administrator will not make automated decisions that affect the rights and freedoms of the Customer.
- In order to ensure the safety of the Customer and to transmit data related to the use of the Store, the Seller takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures aimed at preventing unauthorized access to and modification of personal data.
- The detailed rules for collecting, processing, and storing personal data used for the fulfillment of orders through the Store, as well as the cookie policy, are described in the Privacy Policy, which can be found at the following address: https://secretm.eu/politykaprywatnosci
- All personal data provided during the ordering process is used solely to shape, conclude, amend, or terminate the Agreement between the SERVICE PROVIDER and the CONSUMER and to fulfill the Sales Agreement or the electronic service provision agreement or to execute the order and is not shared with other institutions or third parties - except as described in point 6.
- In the case of selling products through the ONLINE STORE, in order to deliver products to the CONSUMER, the personal data necessary to address and deliver the shipment are transferred to companies professionally engaged in the delivery of shipments - in particular, the Polish Post, as well as courier companies - along with the entrustment of the shipment for delivery.
- If the CLIENT consents to the processing of their data for marketing purposes and subscribes to the mailing list, they will receive a "newsletter" at the email address they provided. At any time, the CLIENT can unsubscribe from the newsletter service.
- The SELLER participates in the "CONSUMER OPINIONS IN GOOGLE" program as part of the service provided by GOOGLE Ireland Ltd, Dublin 4, IE 6388047V. If the BUYER consents to participate in the program, the service will send them via email a survey to obtain feedback on the transaction and products purchased in the SELLER's ONLINE STORE.
- L. Provisions concerning entrepreneurs under consumer rights.
- An entrepreneur under consumer rights is an entrepreneur who makes purchases in the Store that are related to their business activity, but do not have a professional character for them, resulting in particular from the subject of their business activity based on the regulations of the Central Register and Information on Economic Activity, according to Article 38a of the Consumer Rights Act.
- The entrepreneur referred to in the first paragraph of this section shall be subject to the provisions of these regulations that apply to the Consumer, i.e. including:
- Services provided electronically
- Withdrawal from the contract by the Consumer
- Complaints and warranty, to the extent limited by Article 38a of the Consumer Rights Act and Articles 3855, 5564, 5565, and 5765 of the Civil Code. In other respects, the provisions of the Regulations concerning Entrepreneurs shall apply.
- An entrepreneur under consumer rights, accepting these regulations during the purchasing process, and then exercising their rights mentioned in this paragraph, should complete the appropriate complaint or withdrawal form, and in particular provide data confirming the circumstances that confirm their status in accordance with Article 38a of the Consumer Rights Act or convey this information in another way.
- The entrepreneur referred to in the preceding paragraph declares in the form sent to the Seller or in another way that the purchased Product/s, and thus the concluded sales agreement, are directly related to their business activity, but do not have a professional character for them, resulting in particular from the subject of the business activity based on the regulations of the Central Register and Information on Economic Activity, which proves that they meet the conditions to be recognized as such an entrepreneur. The forms are annexes to these Regulations.
M. Final provisions.
The agreement is concluded in Polish and under the jurisdiction of Polish law.
The provisions of these REGULATIONS do not aim to exclude or limit any rights of the CLIENT who is also a CONSUMER within the meaning of the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended) - granted to them under applicable legal provisions. In case of any discrepancies between the provisions of these REGULATIONS and the above provisions, the latter shall prevail.
The content of the Regulations is available at all times in the REGULATIONS tab on the SELLER's website and can be copied and printed at any time by the Buyer. The content of the REGULATIONS can also be sent at any time by email or post at the CUSTOMER's request. The REGULATIONS along with attachments are also delivered to CUSTOMERS as an attachment to the confirmation email of the order and the conclusion of the contract.
In matters not regulated by these Regulations, the relevant provisions of law will apply, in particular:
- Act of April 23, 1964, Civil Code (Journal of Laws 1964 No. 16, item 93 as amended);
- Act of August 29, 1997, on the protection of personal data (Journal of Laws 2002 No. 101, item 926 as amended) - valid until 24.05.2018;
- Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as GDPR and related provisions - effective from May 25, 2018.
- Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2013, item 1422);
- Act of June 30, 2000, on industrial property law (Journal of Laws 2001 No. 49, item 508 as amended);
- Act of February 4, 1994, on copyright and related rights (Journal of Laws 2006 No. 90, item 631 as amended),
- Act of May 30, 2014, on the rights of the CONSUMER (Journal of Laws 2014, item 827).
- In the event that the REGULATIONS contain provisions contrary to the aforementioned or other applicable regulations in the Republic of Poland, these provisions take precedence over the wording of the REGULATIONS.
- If any provision of these REGULATIONS is deemed unlawful, invalid, or otherwise unenforceable to the extent provided by law, it shall be excluded. The remaining provisions of the Regulations shall remain in effect.
- All names of PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved under the provisions of the industrial property law (Journal of Laws 2001 No. 49, item 5081 as amended).
- All photos posted on the WEBSITE are protected under the Act of February 4, 1994, on copyright and related rights (Journal of Laws 1994 No. 24, item 83 as amended) - they possess a creative and individual character. They cannot be copied without the consent of the Website Administrator.
- In the event of disputes related to the execution of the concluded contract, the parties will seek to resolve the dispute through amicable non-judicial proceedings - including resolving the dispute before a mediator. If the dispute is not resolved amicably, the competent court for resolving the dispute will be the Common Court.
- In performing the obligation to indicate non-judicial methods of handling complaints and pursuing claims and the principles of access to these procedures, we hereby inform that current information in this regard is available at the following site: http://prawaKONSUMENTA.uokik.gov.pl. Consumers and entrepreneurs can use the online ODR platform established by the European Commission for amicable dispute resolution. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK maintains a register of entities authorized to resolve consumer disputes out of court at the address https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
- The content of attachments No. 1, 2, and 3 is an integral part of these REGULATIONS,
Attachment No. 1 to the REGULATIONS
The right to withdraw from the distance contract does not apply to the CONSUMER in cases of:
- contracts for the provision of services, if the entrepreneur has fully performed the service with the express consent of the CONSUMER, who has been informed before the commencement of the provision that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;
- contracts in which the price or remuneration depends on fluctuations in the financial market, which the entrepreneur cannot control, and which may occur before the deadline for withdrawal from the contract;
- contracts in which the subject of the provision is a non-prefabricated item produced according to the specifications of the CONSUMER or serving to meet individualized needs;
- contracts in which the subject of the provision is a perishable item or has a short shelf life;
- contracts in which the subject of the provision is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery.
- contracts in which the subject of the provision consists of items that, due to their nature, become inseparably connected with other items after delivery;
- contracts in which the subject of the provision consists of alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations that the entrepreneur cannot control;
- contracts in which the CONSUMER explicitly requested the entrepreneur to come to them for urgent repair or maintenance. If the entrepreneur additionally provides other services than those requested by the CONSUMER, or delivers items other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract belongs to the CONSUMER regarding the additional services or items;
- contracts in which the subject of the provision consists of audio or visual recordings or software delivered in sealed packaging, if the packaging was opened after delivery;
- contracts for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
- contracts concluded at a public auction;
- contracts for the rental of a building or premises for purposes other than residential, transportation of goods, car rentals, catering, leisure services, if the contract specifies the day or period of service provision;
- contracts for the delivery of digital content that is not stored on a tangible medium, if the performance of the provision began with the explicit consent of the CONSUMER before the withdrawal period expired and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.